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I began my tests at 7:40, it read a violation, I kept retesting every 2 min , it read violations few more times, I kept retesting it read a warn for few more times, until finally I had a pass at 8 ( 20 min after the first reading of violation ).
If I understand you correctly, you're wanting to know whether there is proof that the alcohol in your mouth was residual alcohol from something like mouthwash, and not alcohol you drank. The answer is yes. The device records the numbers. Let's say your first test was .04 and shortly thereafter it was .009, then that is a good indicator of residual mouth alcohol. Now compare that to a scenario where the first blow was .06, and shortly afterwards it was .048, and then .039 - then that looks like alcohol you consumed. I always ask for the printout. Good luck.See question
I've been perfect on all tests drank 2 beers at a baseball game not driving. 1 hr later took the test it came up saying Violation. Called smart start they told me it's set to read 0.01 alcohol level. I never knew that. Now what do i do? First time...
I agree with the other two attorneys. You are forbidden from using alcohol as a condition of being out on bond. The result of violating that rule could be anything from being verbally admonished, to having your bond revoked and doubled. In some cases I have seen the judge order the SCRAM ankle monitor, which tests for alcohol secreted through the skin. As I recall, that"s around $300 a month and extremely uncomfortable, not to mention embarrassing. It's much easier, and cheaper, to simply abstain from using alcohol. Good luck.See question
Ex husband showed up late to swim lessons for his weekend. As we were dressing our three year old (he has autism) after lessons ended at 7:30, I could smell hard liquor on him. I waited until we went to the parking lot and asked to smell his breat...
Somehow, this question was posted to the criminal law/DUI law forum. I applaud the family lawyers advice. It is very well reasoned, and I agree that your child's safety is of major concern. I would, however, caution you about concluding that the odor of an alcoholic beverage alone, meant that your husband was intoxicated - warranting intervention by the police.Were there other signs of intoxication that you didn't mention in your post? Does your ex-husband have a history of DWI? Driving while intoxicated with a child passenger is a state jail felony. That's serious legal trouble and serious legal fees - money better spent on the child. If he was intoxicated, that is, if he'd lost his normal mental and physical faculties and that was apparent by his behavior, then yes, get the police involved.See question
I was arrested for possession under 2oz and I am trying to get it reduced to attempted possession.
The transportation code says that your license will be suspended upon conviction for a violation of the Controlled Substances Act, or for a drug offense. I don't believe that it will be suspended for attempting to commit one of those offenses. At least it never has been in my experience.See question
I received my DWI in 2013 in Texas where I live but my drivers license is from Louisiana and I never had it changed to Texas. I have yet to pay any surcharges. What should I do?
Were you indigent when you plead guilty to DWI? Did a court-appointed attorney handle the case for you? If so,you would have been required to fill out an affidavit of indigency. The Transportation code requires the DPS to waive all surcharges for a person who is indigent. That's one possibility. The other possibility is clerk error. Check the DPS website. All you need is your license number, and last four digits of your social security.See question
I just want to know if its an option.
Harris county has a program for misdemeanor offenders called Sober Court. It is an intensive DWI probation which is focused on treatment instead of punishment. People who are repeat misdemeanor DWI offenders, or those who were on probation for DWI and picked up a new DWI, can apply for the program. They will not accept people whose BAC was over .15, which just doesn't make sense to me because it seems these are the people who would most benefit from the program.Sober court requires individuals to come to court twice a month to attend "sober court", which is a deal breaker for some people. Sober Court involves peer counseling. That is - DWI probationers holding one another accountable. An interlock is required during the course of the program, but it is paid for by grant funds.
If you were charged with a felony DWI, as a condition of probation, some judges will require that you attend intensive outpatient treatment. You have to pay for this on your own - but it's outpatient which means that you can continue living a normal productive life.In more severe cases,the court will order a person to enter the substance-abuse treatment facility on Peden Street. That is a lock down inpatient treatment facility which lasts up to 12 months, followed by up to six months of aftercare.This gives the court an option for sentencing other than sending the person to TDC. Of course, a person could get a regular felony DWI probation with terms to be decided by the court. The term for a third offense DWI is typically around 3-5 years. Also, a felony probation requires 10 days in jail as a condition of probation.Finally there's Safe P, which is a treatment program within the walls of TDC. That's a six month program followed by aftercare. Most Harris County District Courts will have people submit to Texas Risk Assessment Screening (TRAS).It's designed to give the judge guidance and recommendations in assigning the proper terms and conditions of probation.
Got arrested for DWI in Tarrant county. No lawyer yet but a friend advised to go ahead and get interlock device on my car since BAC was over .15. My question is this: Is anyone going to look at or review my Draeger Interlock Ignition reports as...
Most courts receive violation reports which are automatically sent from the vendor.See question
As some on here may know I recently had a DWI back in april. The reason why the cop pulled me over is because i didn't do a turn signal at least 100 ft before two turns I made to park in front of my house. However, I was able to prove with a measu...
You can still file a Motion to Suppress.There is no "collateral estoppel." What that means is, the decision of the Administrative Law Judge has no bearing on the underlying criminal case. I had an issue like this once and I filed a Motion to Suppress. The judge suppressed all evidence after the illegal stop. In my case, the client drove to an intersection and came to a stop. His buddy told him to take a right. He then signaled a right turn, and proceed to turn right. The officer, who was right behind him, lit him up for - wait for it - failing to signal a turn within 100 feet of the turn. It helped that the judge was a former police officer.See question
I went to jail for smoking pot I got out with a pr bond I was given a officer I have to report to but she hasn't drug tested me will she a month before my court or will I never get tested or do I get tested in court
If your concern is that you will test positive for marijuana, they anticipate that your first test will be positive. After that first test, however, they expect to see your levels of marijuana metabolite go down, eventually showing you clean. There are allot of different factors that can affect how long that will take. Just make sure you stop smoking - at least until you are clear of the criminal justice system. Good luck.See question
I got a 3rd DWI last weekend and will be hiring a lawyer tomorrow, will request alr hearing and occupational license afterwards. Will also be installing ignition interlock next week and am on pretrial probation. Can get to probation with friends h...
Have someone drive you there. It really is that simple. I applaud you for thinking this through, and for being cautious. Especially when your dealing with a DWI third offense.See question